KACHARABHAI ISHWARBHAI PATEL Vs. GOPALBHAI C PATEL

JUDGEMENT

(1.) All these revision applications arise out of the orders granting the petitioner conditional leave to defend in different suits filed against him by the different opponents of these revision applications in the court of Small Causes at Ahmedabad. The claim made by each of the opponents in all these suits is for the amount of Rs. 2 0 The contention of every opponent is that he has paid Rs. 2 0 to the petitioner as deposit for becoming a member of the proposed Sudhanshu Co-operative Housing Society. According to the opponents after the receipt of these amounts the petitioner failed in forming the Society and also failed in purchasing any land for the proposed Society. The opponents therefore claim that the petitioner should refund the amount of deposit given by each of them. As against this the main contention which is raised by the petitioner in all these suits is that each of the opponents had paid the amount of Rs. 2 0 not as deposit but as contribution towards the purchase of land for the Society. The facts of the case reveal that at an earlier stage the petitioner had entered into a Banakhat under which he had paid an earnest amount of Rs. 15 0 The petitioner has therefore raised a contention that the payment of Rs. 2 0 made by each of the respondents was a contribution towards the amount of Rs. 15 0 which he has paid towards the Banakhat ands therefore the amount was not liable to be returned.

(2.) In their rejoinder-affidavits the opponents have reiterated their contention that amount of Rs2 0 paid by each of them represented a deposit which was liable to be returned.

(3.) On these contentions the learned trial Judge gave the petitioner a conditional leave to defend. The condition imposed by him in each case was that the petitioner should deposit the amount of Rs. 1 0 within two weeks. It is against this order that the petitioner has preferred these revision applications.